October 23, 2015
This week, HR Policy Association and four other business groups filed an amicus curiae brief with the U.S. Supreme Court in a case where the State of Vermont would undercut ERISA's preemption provision by mandating self-insured employers submit detailed health care claims data to the state's all-payer claims database. Our brief notes that "[t]he more States are empowered to impose burdensome regulatory requirements on employers, the more they will do so. This slippery slope presents a serious threat to the viability of welfare benefit plans, and thus to the purposes of ERISA," and that a decision in favor of Vermont would "undercut ERISA's objectives by subjecting self-funded plans to a morass of state reporting requirements that Congress neither intended nor allowed in enacting ERISA." The brief, filed in a case involving Liberty Mutual Insurance Company, also notes that Vermont and other states with all-payer claims databases can obtain the claims information they need from other sources, such as providers, without burdening self-funded plans. The amicus brief was prepared by Brian D. Netter, Matthew A Waring, and Nancy G. Ross of Mayer Brown LLP.